Introduction
Viper Direct (hereinafter the 'Service') is a service owned and operated by Viper Services Group Limited, based at 7 Bell Yard, London WC2A 2JR ('we', 'us' or 'our' as the context requires), that provides access to our electronic handbooks and document print ordering and delivery service.
You agree to abide with all of the following Terms and Conditions under which the Service is offered, which is non-negotiable. We may suspend your access to the Service without prior notice if you are in breach of any of these Terms and Conditions. By subscribing to the Service, you automatically are agreeing to these Terms and Conditions.
These Terms and Conditions expressly include any guidelines, rules or disclaimers that may be posted and updated on specific web pages or on notices that are sent to you. You also agree that, if you are using the Service on behalf of another individual, you will make that individual aware of these Terms and Conditions and that such individual(s) shall agree to be bound by the Terms and Conditions contained herein. In the event of any conflict between these Terms and Conditions then the last shall prevail.
We reserve the right to change, modify, add or remove portions of these Terms and Conditions at our sole discretion at any time and without prior notice. Please check the website periodically for any modifications. Your continued use of the Service following the posting of any changes will mean that you have accepted the changes.
We reserve the right to refuse access to the Service, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you. We may suspend your access to the Service without prior notice if you are in breach of any of these Terms and Conditions.
Grant of Licence and Use of Data
All content in the Service is the property of the owner and operator of this website. We grant you a non-transferable, exclusive licence to access the Service and use the Content in accordance with these Terms and Conditions. The licence is personal to you as a subscriber and the grant does not include the right to grant sub-licences.
The license varies according to the level of subscription that you take with the Service and the detail of these levels is clarified below.
Subscribers
You may not:
- Copy, display, distribute, modify, publish, reproduce, store, transmit, create derivative works from, or sell or license all or any part of the Content, products or services obtained from the Service in any medium to anyone.
- Infringe or permit the infringement or otherwise prejudice the proprietary rights of the owner and operator of this website.
- Make physical copies of the range of ViperGas publications.
Trademarks
Any trademarks appearing on the Service or within the Content are the property of their respective owners.
Registration
If you register to use the Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure, and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Cancellation
Should the customer require a refund of a subscription, a full refund will be provided if the Service has not been activated or within seven days of activation. If a customer requires a refund for an order that involves printed publications, a full refund will also be provided, but only within seven days of the order being returned to the Viper Direct distribution point (using the reply information included with the order).
Supply of Documents
Documents are supplied from an electronic store. The contents of documents supplied are copyright works. You may not copy, store in any electronic medium or otherwise reproduce or resell, any of the Content. This includes the creation of PDF documents.
Access
We aim to keep the Service available twenty-four (24) hours a day, seven (7) days a week, but this is not guaranteed. Due to technical failures, acts of God or routine maintenance, availability may become limited.
We shall notify members of the days or periods during which the Service shall not be available for access should we be able to do so. Such notification shall be given via the Viper Direct home page or by such other means as we may determine.
You are responsible for making the necessary arrangements for access to the Service and for ensuring that all requirements, legal and technical, are complied with. We may provide such assistance as we consider reasonable where difficulties are encountered via the Support area of the website.
Termination
We reserve the right to refuse access to the Service, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
Disclaimer of Warranties and Liability
We will make all reasonable efforts to ensure that the information provided is free of errors and up to date. We shall not be liable in contract for any direct, indirect or consequential loss or damage sustained by you or others directly or indirectly making use of the Content including, but not limited to, any loss or damage resulting as a consequence of any defects, delays, interruptions or failures in the Service or inaccuracies or errors in the Content, and we specifically exclude liability for the same to the fullest extent permitted by law.
We do not make any warranty or representations of any kind (express, implied and statutory, including but not limited to the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose) whatsoever, including without limitation:
- that defects will be corrected;
- that the Service, including the servers that makes it available, is free of viruses or other harmful components;
- as to the results that may be obtained from use of the Content or other materials on the Service; or
- as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement or operation of any Content, product or service provided on or accessible from the Service;
- all of which we disclaim to the fullest extent permitted by law.
To the extent permissible under applicable laws, We shall not be liable to you or anyone else for any loss, injury and/or damage to any third party or property caused in whole or part by:
- product liability;
- any use or operation of any ideas, instructions, methods, products or procedures contained in the Service;
- third party negligence or contingencies beyond their control in procuring, compiling, interpreting, reporting or delivering information made available through the Service.
Your use of the Service is at your sole risk and you acknowledge that the use of the Content requires you to use your own skill and judgement and you accept that neither we shall not have any liability in respect of any third party claims or legal action arising from use of the Content.
Indemnification
You undertake to indemnify us and keep us indemnified at all times against all actions, proceedings, costs, claims, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of any breach by you of any of these Terms and Conditions.
We will indemnify you in respect of all reasonable and proper legal costs, expenses and damages (and ex gratia payments made with our prior written consent) against any claim by a third party against copyright infringement as a result of any documents supplied under licence by us, provided that:
- you inform us in writing immediately of receiving such a claim;
- you have not modified the supplied document in any way;
- you have not made any admission, offer, promise, payment or indemnity on our behalf without our prior written consent;
- you have not incurred any legal costs nor settled, compromised or otherwise disposed of any such claims without our prior written consent; and
- services to you had not been suspended by us at the time of the claim.
Governing Law and Venue
These Terms and Conditions shall be governed by and construed in accordance with English law. You hereby submit to and agree that the sole jurisdiction and venue for any actions that may arise under or in relation to the subject matter hereof shall be the English courts.